Denise Loftus, manager of the Workforce Education Worker Equity Department for AARP says many people believe they are victims of discrimination when, indeed, poor job performance may be part of the problem. That does not mean there is no age discrimination, she says, but it's often subtle and very hard to prove. A complaint to the Equal Employment Opportunity Commission (EEOC) can drag on and there are limitations to what can be accomplished; each state has different rules on the subject.
Chris Mackaronis, an attorney, and the AARP Manager of Avocacy Programs, says that if somebody wants to find out about your age, he or she can unless the resume you submit is carefully written. Many older workers are told that they are overqualified for a job. This is not a legitimate business decision but a pretext for age discrimination. AARP gets hundreds of complaint letters on this subject, says Mackaronis.
Should You Sue? Most experts agree that in the majority of cases it is not worthwhile to pursue a discrimination lawsuit. The reasons: It is time-consuming, costly (both psycho logically and financially), and legally difficult to prove your case. The likelihood of litigation success may not be more than 50-50, according to Mackaronis. Under such circum stances it is better to move on, expending your energies in targeting companies that can use the skills you offer, You Are a Victim of a Merger or Acquisition.
If you are an employee who was suddenly let go or working in a department that was fired en masse, you are not alone.
These are common occurrences in today's workplace. When you hear rumors about possible reorganization or upheavals it is wise to prepare for any eventuality. Barring that, it is a good time to evaluate what you want to do. Oftentimes circumstances beyond our control force us to do things we had only thought - or dreamed-about.
That's what happened to Al Thompson, who was forced out of his job at age 61. "It wasn't a happy time," he said. Thompson had worked 40 years as a steamship broker, 17 years with Funch Edye, a subsidiary of the Cunard Lines, and 23 years with American and Overseas Charting. His job was to charter freighters that hauled such cargos as scrap metal, coal, and grain to all parts of the world. He negotiated the rates and terms for each deal via telephone, telex, and fax.
"Your word was your bond in this profession," says Thompson. Once the charter arrangements were concluded, the ship was loaded and sailed. Thompson had a long and successful career as a maritime broker and claims that he liked his work.
"But then the market began to have its ups and downs for five years, and the company wasn't making any money," he says. "The company was in the red, and salaries had to be cut."
Finally, it became obvious that two brokers in the four-man company had to go, says Thompson, who had a 10 percent interest in the company. He volunteered, telling his partners, "If things don't go well, 111 go." Things didn't get better and Thompson was out.
"It was a difficult time," said Thompson. "For the first month out of work I made a lot of calls. I was mixed up. I lost my sense of humor, and walked to the mail box every day." But the mail didn't bring any job offers.
Thompson was out of work for about six months when he got a telephone call from Tom Hall, a friend and former maritime steamship broker who had suffered the same fate as Thompson. Hall had bought a travel agency franchise - Uniglobe Custom Travel in Wantagh, Long Island, in New York. Would Thompson like to work with him?
"Hall heard I was looking for a job," says Thompson, "and contacted me. He knew I knew a lot of people in the steamship business, all potential clients." So Thompson went into the travel business.
Hall specialized in maritime business travel and virtually all of his clients are steamship brokers. "They were all brokers I did business with," says Thompson, "I visited them and gave presentations on how we could help them with their travel plans. The business travel also led to vacation travel. Now I make reservations all over the world for tickets, hotels, and cars."
When Thompson started he was given a two-day seminar on selling. He also had to master a word processor, which is vital in his new career. He learned on the job, he says, and his knowledge of ports throughout the world was a big help.
Now he is familiar with "inland cities," he says. The only problem Thompson encountered when he started was giving business presentations, but he's overcome that hurdle. In the beginning, he was reluctant to call on former colleagues, but he soon found them friendly and polite. "They always say 'thank you,'" says Thompson, "and recommend new customers."
Thompson, in his mid-sixties, has been working at Uniglobe Custom Travel for several years. He is a widower, married for the past 13 years to his second wife, Barbara, who helps him with his work. Thompson says he loves his work and doesn't consider himself a salesperson. He says, "I am a businessman in travel."
